Agenda item

A complaint was submitted by Mr Peter Edge, the Complainant, regarding the conduct of Councillor Gail Moore, the Subject Member, a member of Wilton Town Council.

The complaint related to the Subject Member’s alleged conduct at a meeting of the Council on 5 November 2024, where she made statements in relation to a previous complaint against another councillor (Councillor X), which had also previously been logged by the Complainant.

The Sub-Committee considered whether the alleged conduct would, if proven, represent a breach of the following section of the Code:

1. Respect

As a Councillor:

1.1 I treat other Councillors and members of the public with respect. 1.2 I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

2. Bullying, harassment and discrimination

As a Councillor:

2.1 I do not bully any person. 2.2 I do not harass any person.

2.3 I promote equalities and do not discriminate unlawfully against any person.

Preamble

The Sub-Committee was satisfied that the initial tests set out in Protocol 11 had been met, in that the Subject Member was and remains a member of Wilton Town Council and that she was acting in her official capacity at the time of the alleged incidents (a Council meeting on 5 November 2024) and that a copy of the relevant Code of Conduct was provided for the assessment.

The Sub-Committee therefore had to decide whether the alleged behaviour would, if proven amount to a breach of the Code of Conduct. If the Sub-Committee concluded that the alleged behaviour would amount to a breach, then it would have to go on to decide whether it was appropriate to refer the matter for investigation or alternative resolution.

In reaching its decision, the Sub-Committee took into account the original complaint and supporting information, the response of the Subject Member, the report of the Monitoring Officer and the view of the Independent Person.

The Sub-Committee also considered a written statement from the Complainant. Neither party were in attendance.

Discussion

It was alleged that during a Council meeting on 1 October 2024, the Subject Member made a statement regarding a photograph of Councillor X which she had previously posted on her Facebook page, and the comments and complaint against Councillor X subsequently received.

NB. The remarks allegedly made by the Subject Member at the 1 October 2024 meeting were dismissed by the Monitoring Officer as out of time and therefore this element of the complaint was not assessed by the Sub-Committee.

It was also alleged by the Complainant that at a council meeting on 5 November 2024, the Subject Member refused to apologise for the statement she made at the meeting on 1 October 2024 and went on to call the Complainant’s actions ‘vexatious and bullying’, suggesting that his previous behaviour had caused many people to leave the council. The Subject Member also stated that the Complainant’s behaviour to women was ‘really quite worrying’, which the Complainant took to mean that the Subject Member was accusing him of being misogynistic.

The Complainant refuted all of the remarks which were made against him by the Subject Member during the public meetings.

The Complainant stated that he felt insulted and considered the accusations to be a slur on his reputation in the community.

In the Subject Member’s statement, it was stated that the Complainant had re-posted the photo of Councillor X on Facebook with a negative comment, suggesting that, through a gesture she had made in the photo, Councillor X had brought the council into disrepute. Additionally, it was alleged that the Complainant raised the photo of Councillor X at a council meeting and a community meeting, stating that he was waiting for Councillor X to resign from the council before he made a formal complaint about them.

The Subject Member stated in response that she had made the statements at the public meeting on 1 October 2024, due to the Complainant making ‘such an issue’ of the photo. It had been her intention to set the record straight and to protect the reputation of Councillor X.

The Sub-Committee considered that the complaint was associated with a previous complaint regarding Councillor X, which had been dismissed.

The Sub-Committee noted that the content of the earlier complaint was separate and could not be considered when assessing this complaint. 

The Sub-Committee noted the Complainant had previously been a long-serving member of the Council and as such had historic working relationships with the Complainant and other serving councillors.

Conclusion

The Sub-Committee noted the background to the allegations and the differing viewpoints of each party.

The Sub-Committee recognised the importance of respectful behaviour by both parties to prevent disagreements escalating and entering the public arena.

The Sub-Committee considered the alleged accusations against the Complainant by the Subject Member in relation to bullying, vexatious and misogynistic behaviour, noting that the statement had been made by the Subject Member in response to actions by the Complainant that the Subject Member considered to be a public slur on the reputation of another councillor and the Council.

The Sub-Committee agreed that there appeared to be a history of disagreement between the parties. The Sub-Committee consider that, if proven, the allegations would notreach the threshold of breaching of the Code of Conduct, and it would therefore not be in the public interest to take further action, taking into account the efficient use of public resources.

In summary, the Sub-Committee therefore resolved to take no further action in respect of the complaint.

It was;

Resolved:

In accordance with Protocol 11 – Arrangements for Handling Code of Conduct Complaints, adopted by Wiltshire Council on 24 July 2024 and after hearing from the Independent Person, the Assessment Sub-Committee determined to take no further action in respect of the complaint.